Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1887-05-03
FIRST DISTRICT COURT.
May Term, 1887, Hon. II. p. Hem
dersOn. Associate Justice,
Presiding.

An odor OF new paint and Varnish per-
vaded the Temple of Themis in the
Dooly block, the hall of which had been
acceptably enlarged and rendered gem
orally more convenient for court, coun-
sci, and the general public, the reporters
not excluded. The hum and buzz of
mutual greetings after long absence
made things lively among members OF
the bench and bar, officials and jury
men, correspondents and spectators from
city and country.
AT II :15, His Honor H. p Henderson,
assembled the bench, and Deputy Mar
shall E. w. Exam declared the court in
due session. Clerk II. II. Henderson
read the minutes of the last
few meetings of the November term.
After discussion between counsel for the
prosecution Ovarian and Hiles) and for
the defendant (W. Z. White an order of
March 18th, setting aside an indictment
by the last Grand Jury OF 7. B. Carbon,
OF Logan, for unlawful cohabitation, was
rescinded, it appearing the sense Of the
court and prosecution that the same
charge could not be again made the sub
Ject OF an investigation by the Grand
Jury coming.
This closed the November term, 1886,
hAAASAA W do IOulAlOu otftt htty anu lle
May term duly opened.
j. B. McLellen, Jens Hansen, L. B.
Williams and H. Milestone were sworn
in as bailiffs for this term of court H. E.
Steele was also appointed to be sworn in
on Tuesday. All took the oath in its
new form.
At 2 O'Clock the impaneling of Grand
Il apt1nnNnppaI he follnWinn GgNnpIal
venire being called: II. Griffith, William
Goodwin, John Savage, a. II. Williams,
Q. NJ. Goldsbury, j. S. Thomas, Thomas
Grant, Marshall Allen, E. j. Wagner, |
VIM. Sharp. Geo. NJ. Corey, Bluford By
bee, A. G. Smith, Joseph Smith, Hiram |
d. Lewis. They ali answered and took |
their seats, a copy of the new law being |
handed to each. Assistant Prosecuting |
Attorney Hiles examined the citizens |
called to serve on the jury. The monot- |
ony OF the same affirmative and negative |
answers to the prosecutors queries was |
only broken by the last-called gentleman |
stating that he could not .conscientiously |
subscribe to the oath prescribed in the |
Edmunds-Tucker bill. Being excused, |
he was succeeded by w. M. Berry,
who could and did subscribe to
the oath. No challenges against
any OF the fifteen jurors chosen being
made, and II. Griffith appointed foreman
by His Honor. They were sworn and
excused for a recess till 1 o'clock, p. m,
at which time the Court delivered to
them his formal charge and instructions
for their conduct in their official actions.
Judge Henderson's charge followed, in
the main, the usual line of instructions
in such circumstances. He called es-
pecial attention TO the crimes against per-
sons prevalent in this Territory, such as
assaults with deadly weapons,
etc. The crimes against the
United States, defined under the Ed
munds law and the Edmunds-Tucker
bill, deserved the particular investigation
OF the Grand Jury. The Judge repeated
his previous holdings on this, based on
Supreme Court decisions, viz, the "hold-
ing-out' relationship. Attention was
called to section three of the last-named
law. as to adultery, also section four, de-
filming and providing penalty for incest,
also section five, regarding fornication
and its penalties. With regard to
adultery as under section three, sexual
intercourse must be proven even between
persons falling under the general charge
OF unlawful cohabitation At the close
OF the Judges instructions the Grand
Jury retired in charge of Deputy Marshal
e. w. Exum, and court adjourned until
to-day at 10 a. m.